Thursday, June 30, 2011

To my understanding, if one is maxing out 6 years of H-1B visa on Nov 30, 2009 and doesn't have a way of extending to the 7th year H-1B.Then he has to stay physically outside of USA for 1 year.

1.Does 1 year stay have to be in the home country only? 2.Can one come and visit USA for a month[June 2010] or so between Nov30,09 and Nov 30,2010.[Eg: Conference, interview]? 3.If answer is yes to 2, would one have to stay for another 1 year away from July 2010? or they can come back to US during Dec 2010, if they have a new H-1B job?

Inputs appreciated. Thanks

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scoldme

04-26 09:04 PM

CRAZYMONK,

I have a question, for my fresh petition 2010 will it be subject to the H1B CAP??

There are many diferent opinions, i too understood that renewals and extensions wont be subject to cap. But there is no clear statement on my scenario.

Thanks.

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immigrationvoice1

03-07 05:31 PM

Mine took 8 and half months back in 2004!

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12-31 11:41 PM

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You don't file a G-28 unless you DO have a lawyer representing you. You just need to write to CIS advising them that the former lawyer no longer represents you, and ask CIS to send any correspondence directly to you, not the lawyer. It might take a long time for CIS to make the change, but in the meantime, the other lawyer should send you anything he gets on the case.

Immigration Visa Attorney Blog Has Just Posted the Following: For years now, Congress has debated whether to pass the DREAM Act. The DREAM Act would give a future to undocumented youth through a conditional path to citizenship and it would have legalized people like Tam Ngoc Tran who died earlier this week in a tragic car accident.

Tam was a native of Garden Grove (http://blogs.ocweekly.com/navelgazing/illegals-illegals-illegals/tam-tran-garden-grove-native-a/), California, born in Germany to Vietnamese refugees. She was pursuing a doctorate at Brown University (http://www.boston.com/bostonglobe/obituaries/articles/2010/05/17/tam_tran_brown_student_fought_for_immigrant_rights/). She was a graduate of UCLA, and she was a tireless DREAM Act Advocate, having testified before Congress in favor of its passage.

Tam, herself was undocumented and found removable by an immigration judge who denied her and her family political asylum. On appeal, the Board of Immigration Appeals found that the family could not return to Vietnam because of fear of political persecution, so the US could not remove the family to Vietnam. Having been born in Germany, the government sought to remove her to her birthplace, yet Germany refused to grant her entry. Tam was stateless. The only home she knew was the United States.

This tragic accident took the life of another passenger, a fellow UCLA graduate and DREAM Act activist, Cinthya Felix. Fong & Chun, LLP offers condolences to the families of both Tam and Cinthya. --ecf

My PD is Jan04 in eb3 catogory and I am from India. Currently I am working under EAD . My wife recently got job offer and her company is ready to file her labor under EB2 category. My question is thats ? will that be a problem when she files for 485 based on her labor since she already filed 485 based on my labor . Any suggestion is appriciated .

The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number.

They stress and bolded "Earlier Than" so i am not IN???? :confused::confused::(:(

No, you are not IN yet..sorry you just missed the window...It could be a chance for you in next Oct'08 VB..

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rajeevepatric

03-12 10:56 AM

Hi, I am a computer science graduate from India ( 4 year engineering degree course) with 3 years experince in SAP. A reputed company in US has agreed to process H1 for me. They have only asked for my educational certificates. My experience certificates were not submitted since they said it is required only when you go for the H1B at the US Embassy.

Even I noticed the same in my case EB3 12/2001. Don't know what it means! Feb. Bulletin may give some hope

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stucklabor

03-25 10:17 AM

Xu1, could you please post a separate thread or email admin about this. Right now, this post is buried in the thread about Immigration Voice featured in Roll Call.

Thanks.

Thank you for taking up such a good cause!

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OK...I just got an email from my Attorney. It is indeed what she thought. She received our receipts today from the CSC. The receipts have a receipt date of July 23rd and a notice date of September 19th. As to why the CSC sent out the other notice transferring the case back to NSC to me only and not the Attorney...that is a mystery. She plans to speak to our State Senator and hopefully get some answers.

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jettu77

05-12 03:22 PM

Here is the link. http://immigrationvoice.org/forum/showthread.php?t=18737&page=6

Based on the predictions for the November 7th 2006 elections for the House, looks like the democrats will grab a considerable amount of seats, viz - Democrats - around 228, Republicans - 205

What do you guys think based on this? I hope starting from January 2007, there should be some light.

Thinking ahead, We should work with the democrats, rather than republicans. Citizens of US, who immigrated from India should vote for Democrats and make them win this elections.

Thanks Satish

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jpmaddali

04-29 10:11 AM

What my lawyer said was correct. Yesterday evening received the approval email and card production email. In the case of same employer, interfiling is not necessary. USCIS took care of it automatically.

Best of luck to every one.

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GKBest

10-16 02:01 PM

Just wait a few more days and you will receive his I-485 receipt. Some members received online rejection only to find later on that they have been issued a receipt notice.

rdehar

10-07 11:59 AM

Thanks for your reply.

Is there any way that i can start working immeadiatly after getting the approval (May 2010), like Premium processing or COS immeadiatly ?

Thanks, -Srinivas ravise is absolutely right, u will get H1 for the period remaining (6 years minus time spent on L1). Also, if u file in next year's quota (filing starts in Apr 2010), it cannot have a start date earlier than Oct 1, 2010. I don't think u can start working on H1 before that date, even if u file premium.

Why don't u ask you company to file in current year's quota -- there are still visas available.

Ann Ruben

06-24 11:49 PM

USCIS has been "pre-adjudicating" I-485's without current priority dates so that they can be approved expeditiously once priority dates become current. This is likely a waste of effort given that it may be years before many EB-3 priority dates are reached.